Jump to content
Fridaythe22nd

I-130 Approval Notice but not eligable for AOS?

By Fridaythe22nd in Adjustment of Status from Work, Student, & Tourist Visas

 Share

32 posts in this topic

Recommended Posts

Fridaythe22nd Apprentice

Fridaythe22nd   0

Posted
Filed: AOS (pnd) Country: Thailand
 Timeline
Posted

I filed my I-130 about 30 days before filing my I-485 which I now know it is not recommended By some on this message board... however on the I-485 it does accommodate for this situation. So today I received my I-130 approval notice And it has some confusing language on it.

It says

The above petition has been approved. The petition indicates that the person for whom you are petitioning is in the United States and will apply for adjustment of status. The evidence indicates that he or she is not eligible to file an adjustment of status application. This determination is based on the information submitted with the petition and any relating files. If the person for whom you are petitioning believes that he or she is eligible for adjustment of status, he or she should contact the local USCIS office for more information.

About one week ago I received my ASC Appointment Notice referring to my I-485 and I765 Case Type.

About three weeks ago I received my I-797C, notice of action for my I-485. My check was also cashed.

I have a feeling things are in motion and are okay but I just wanted to doublecheck on that confusing language. Thanks for any clarifications or tips!

U.S. Citizen

2001 Met wife overseas

2003 Had child overseas ( now U.S. citizen )

2006 Married overseas

2007 Wife obtained tourist visa to U.S.

2007 Visited U.S. for 6 months then returned overseas.

04/24/12 - Visited U.S.

05/31/12 - Filed I-130

06/07/12 - NOA for I-130 received.

07/13/12 - Filed I-485 / I-765

07/19/12 - NOA for I-485 received

07/19/12 - NOA for I-765 received

08/02/12 - NOA Biometrics letter received, biometrics scheduled for 8/30/12

08/06/12 - NOA I-130 Petition Approved ( but says not eligible for adjustment of status ?? )

  • Replies 31
  • Created
  • Last Reply

Top Posters In This Topic

Popular Days

Top Posters In This Topic

Popular Days

Popular Posts

Hypnos
Hypnos

Making an Infopass appointment is probably your best bet to getting an answer. I suspect it's an error on their part.

DandT14
DandT14

They're not going to deny her for that suspicion, without even an interview. And if it happens "all the time", I'd like to see examples.

ceadsearc
ceadsearc

Oh! Ok, yes. I thought you were saying she would have trouble because she entered the country illegally.

aleful Veteran

aleful   1,905

Posted
Filed: Citizen (apr) Country: Argentina
 Timeline
Posted

I filed my I-130 about 30 days before filing my I-485 which I now know it is not recommended By some on this message board... however on the I-485 it does accommodate for this situation. So today I received my I-130 approval notice And it has some confusing language on it.

It says

About one week ago I received my ASC Appointment Notice referring to my I-485 and I765 Case Type.

About three weeks ago I received my I-797C, notice of action for my I-485. My check was also cashed.

I have a feeling things are in motion and are okay but I just wanted to doublecheck on that confusing language. Thanks for any clarifications or tips!

who is petitioning for you and why do you qualify to adjust status in the US? you don't say.

Fridaythe22nd Apprentice

Fridaythe22nd   0

Posted
Filed: AOS (pnd) Country: Thailand
 Timeline
  • Author
Posted

who is petitioning for you and why do you qualify to adjust status in the US? you don't say.

Sorry, I'm a US citizen petitioning on behalf of my wife.

U.S. Citizen

2001 Met wife overseas

2003 Had child overseas ( now U.S. citizen )

2006 Married overseas

2007 Wife obtained tourist visa to U.S.

2007 Visited U.S. for 6 months then returned overseas.

04/24/12 - Visited U.S.

05/31/12 - Filed I-130

06/07/12 - NOA for I-130 received.

07/13/12 - Filed I-485 / I-765

07/19/12 - NOA for I-485 received

07/19/12 - NOA for I-765 received

08/02/12 - NOA Biometrics letter received, biometrics scheduled for 8/30/12

08/06/12 - NOA I-130 Petition Approved ( but says not eligible for adjustment of status ?? )

ibee Explorer

ibee   7

Posted
Filed: AOS (apr) Timeline
Posted (edited)

Since you are a USC petitioning for your wife, it should be no problem but that language IS confusing.

Did you send your Marriage Certificate with the i-130? Your Marriage Certificate is what gives her eligibility to file for AOS

Maybe I am overreacting but have you considered making an InfoPass appointment at your local office to clear that up? Other than that, I don't have any ideas how separate filing works

Edited by ibee

March 2012 - Married <3

AOS Concurrent I-130, I-485, EAD
Day 0.....4/03/12 - Package mailed to Chicago via USPS Priority Mail 4/06/12 - Delivered!
Day 7.....4/10/12 - Email Acceptance Confirmation for all 3!
Day 13...4/16/12 - NOAs for I-130, I-485, EAD received in mail.
Day 16...4/19/12 - NOA for Biometrics appointment Received. Scheduled for 4/27/12.
Day 20...4/23/12 - Biometrics appointment completed, early walk-in at different location!
Day 66...6/07/12 - EAD Production!!! Lucky, 2 days before this we submitted a change of address from ND to PA
Day 70...6/11/12 - 2nd EAD Production 6/12/12 - EAD mailed! Interview scheduled for July 13th!
Day 73...6/14/12 - EAD in hand!
Day 82...6/23/12 - We mailed letter to old Office to confirm change of address and cancel our July 13th interview. Received NOA for an Interview scheduled in Philadelphia Office on July 24th!
Day 92...7/03/12 - July 24th interview was cancelled (file did not get in on time). Got NOA for interview on August 9th!
Day129..8/09/12 - INTERVIEW! Received card production email 8hrs later! 8/10/12 - Email NOAs, approved I-130 and I-485!
Day138..8/18/12 - GC DELIVERED!!! Emails received: 2nd card production email on 8/15, card mailed on 8/15, card picked up by USPS on 8/15.

12/13/12 - Filed for divorce 8/2/13 Entered Divorce Decree

ROC

Fridaythe22nd Apprentice

Fridaythe22nd   0

Posted
Filed: AOS (pnd) Country: Thailand
 Timeline
  • Author
Posted

Yes I did send in the marriage certificate as well as translations ( certified ). I will look into the InfoPass. Thanks!

U.S. Citizen

2001 Met wife overseas

2003 Had child overseas ( now U.S. citizen )

2006 Married overseas

2007 Wife obtained tourist visa to U.S.

2007 Visited U.S. for 6 months then returned overseas.

04/24/12 - Visited U.S.

05/31/12 - Filed I-130

06/07/12 - NOA for I-130 received.

07/13/12 - Filed I-485 / I-765

07/19/12 - NOA for I-485 received

07/19/12 - NOA for I-765 received

08/02/12 - NOA Biometrics letter received, biometrics scheduled for 8/30/12

08/06/12 - NOA I-130 Petition Approved ( but says not eligible for adjustment of status ?? )

Newbie608 Rising Star

Newbie608   103

Posted
Filed: Citizen (apr) Timeline
Posted

We need more info inorder to answer yout question. How did your wife come here? What would make her ineligible to adjust her status here?

AOS from F-1(Married to USC
06.08.12 - AOS mailed
09.18.12 - Interview.....Approved!!

ROC- Divorce Waiver
05/09/14- I-751 packet mailed to CSC
05/12/14- NOA1 Receipt date
07/01/14- Biometrics Appt

08/11/14- RFE received

09/08/14- RFE response received by USCIS

09/22/14- 10yrs GC Approved!!

Fridaythe22nd Apprentice

Fridaythe22nd   0

Posted
Filed: AOS (pnd) Country: Thailand
 Timeline
  • Author
Posted

She arrived on a tourist visa ( note that I've added a full timeline to my signature ). Do those details help? Thank you.

U.S. Citizen

2001 Met wife overseas

2003 Had child overseas ( now U.S. citizen )

2006 Married overseas

2007 Wife obtained tourist visa to U.S.

2007 Visited U.S. for 6 months then returned overseas.

04/24/12 - Visited U.S.

05/31/12 - Filed I-130

06/07/12 - NOA for I-130 received.

07/13/12 - Filed I-485 / I-765

07/19/12 - NOA for I-485 received

07/19/12 - NOA for I-765 received

08/02/12 - NOA Biometrics letter received, biometrics scheduled for 8/30/12

08/06/12 - NOA I-130 Petition Approved ( but says not eligible for adjustment of status ?? )

DandT14 Rising Star

DandT14   272

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

I'm not sure, but it sounds like they haven't put the petitions together yet. Sorry if I missed your answer, (I know Harpa already asked) but did you include the NOA from the I-130 with your I-485?

AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

ibee Explorer

ibee   7

Posted
Filed: AOS (apr) Timeline
Posted

Great job with the timeline !

I'm not sure, but it sounds like they haven't put the petitions together yet. Sorry if I missed your answer, (I know Harpa already asked) but did you include the NOA from the I-130 with your I-485?

That makes total sense. I would still play it safe and call the customer service line or make an infopass to clear it up.

March 2012 - Married <3

AOS Concurrent I-130, I-485, EAD
Day 0.....4/03/12 - Package mailed to Chicago via USPS Priority Mail 4/06/12 - Delivered!
Day 7.....4/10/12 - Email Acceptance Confirmation for all 3!
Day 13...4/16/12 - NOAs for I-130, I-485, EAD received in mail.
Day 16...4/19/12 - NOA for Biometrics appointment Received. Scheduled for 4/27/12.
Day 20...4/23/12 - Biometrics appointment completed, early walk-in at different location!
Day 66...6/07/12 - EAD Production!!! Lucky, 2 days before this we submitted a change of address from ND to PA
Day 70...6/11/12 - 2nd EAD Production 6/12/12 - EAD mailed! Interview scheduled for July 13th!
Day 73...6/14/12 - EAD in hand!
Day 82...6/23/12 - We mailed letter to old Office to confirm change of address and cancel our July 13th interview. Received NOA for an Interview scheduled in Philadelphia Office on July 24th!
Day 92...7/03/12 - July 24th interview was cancelled (file did not get in on time). Got NOA for interview on August 9th!
Day129..8/09/12 - INTERVIEW! Received card production email 8hrs later! 8/10/12 - Email NOAs, approved I-130 and I-485!
Day138..8/18/12 - GC DELIVERED!!! Emails received: 2nd card production email on 8/15, card mailed on 8/15, card picked up by USPS on 8/15.

12/13/12 - Filed for divorce 8/2/13 Entered Divorce Decree

ROC

Fridaythe22nd Apprentice

Fridaythe22nd   0

Posted
Filed: AOS (pnd) Country: Thailand
 Timeline
  • Author
Posted

I DID include the 1-130 NOA in with the I-485 application. Thanks for your help... I'll follow up after I call customer service.

U.S. Citizen

2001 Met wife overseas

2003 Had child overseas ( now U.S. citizen )

2006 Married overseas

2007 Wife obtained tourist visa to U.S.

2007 Visited U.S. for 6 months then returned overseas.

04/24/12 - Visited U.S.

05/31/12 - Filed I-130

06/07/12 - NOA for I-130 received.

07/13/12 - Filed I-485 / I-765

07/19/12 - NOA for I-485 received

07/19/12 - NOA for I-765 received

08/02/12 - NOA Biometrics letter received, biometrics scheduled for 8/30/12

08/06/12 - NOA I-130 Petition Approved ( but says not eligible for adjustment of status ?? )

Newbie608 Rising Star

Newbie608   103

Posted
Filed: Citizen (apr) Timeline
Posted

It looks like u file i-130 a little over a month after she visited. Would that be a problem too?

AOS from F-1(Married to USC
06.08.12 - AOS mailed
09.18.12 - Interview.....Approved!!

ROC- Divorce Waiver
05/09/14- I-751 packet mailed to CSC
05/12/14- NOA1 Receipt date
07/01/14- Biometrics Appt

08/11/14- RFE received

09/08/14- RFE response received by USCIS

09/22/14- 10yrs GC Approved!!

DandT14 Rising Star

DandT14   272

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

It looks like u file i-130 a little over a month after she visited. Would that be a problem too?

I assume she's still here, so I don't see what that would be a problem.

AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

Newbie608 Rising Star

Newbie608   103

Posted
Filed: Citizen (apr) Timeline
Posted

Maybe they think that she visited with the intentions of adjustting her status based on the time frame of her visit and filing. An info pass would hurt though. I can't think of another reason why she wouldn't be eligible if she's the spouse of a USC.

AOS from F-1(Married to USC
06.08.12 - AOS mailed
09.18.12 - Interview.....Approved!!

ROC- Divorce Waiver
05/09/14- I-751 packet mailed to CSC
05/12/14- NOA1 Receipt date
07/01/14- Biometrics Appt

08/11/14- RFE received

09/08/14- RFE response received by USCIS

09/22/14- 10yrs GC Approved!!

DandT14 Rising Star

DandT14   272

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted (edited)

Where did you say your wife was currently living? I mean, on your forms. What did you put as her current address?

Edited by DandT14

AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...